Key Legislation and Guidance for SENCOs

Schools must publish a SEN information report. This outlines their provision and support for young people with SEND.

SEND Information Reports

Each school's SEND Information Report can be found on the school’s website. Early years providers must have a published SEND Policy. Information on how providers should identify and support young people with SEND can be found in:

• The Early Years Foundation Stage (EYFS) Framework

• The SEND Code of Practice.

Documents and Policies

There are many useful documents and policies that to support with a child or young person with SEND. You can find a full list within the Documents and Policies section of the Local Offer.

**Key Legislation **

As a SENCO in England, you will need to be aware of the key legislation and guidance which underpins your work.

Key Legislation: The Children and Families Act (2014)

Part 3 provides the legal framework for many of the systems and processes for supporting children and young people with SEND. This includes for a range of regulations and guidance, for example the SEND regulations and Code of Practice. It also links closely with the Equality Act (2010). The Act sets out duties on local authorities, education settings and other partners. To learn more, visit the Legislation website [External Link].

Key principles of the Children and Families Act (2014)

• Taking into account the views of children, young people and their families

• Enabling children, young people and their parents to participate in the decision making

• Collaborating with partners in education, health and social care to provide support

• Identifying the needs of children and young people 

• Making high quality provision to meet the needs of children and young people 

• Focusing on inclusive practices and removing barriers to learning

• Helping children and young people to prepare for adulthood.

These principles are underpinned by legal duties placed on local authorities, schools and others. They will guide you as you work in partnership with children, young people and families.

The Children and Families Act (2014) – Duties for the Local Authority (LA)

• A duty to identify all the children and young people in its area who may have SEND or a disability

• To have regard to the views, wishes and feelings of the child, parent/carers and young person

• To develop and publish a ‘Local Offer’ that sets out the services and provision it expects to be available for young people with SEND. This includes services both inside and outside of the LA.

The Children and Families Act (2014) – Duties to inform the child's parent and carers

As well as supporting the LA, education settings have legal duties that include:

• To prepare a report containing SEND Information

• Doing their best to secure special educational provision for pupil's who it is called for.

• To designate a member of staff at the education setting, known as the SENCO. They are responsible for coordinating provision for pupils with SEND.

• To inform a pupil’s parents or carers that they are receiving SEND provision.

The Children and Families Act (2014) – The SENCO

The Act states that ‘the SENCO has an important role to play with the headteacher and governing body, in determining the strategic development of SEND policy and provision’

The Act does not require the SENCO to be a member of the Leadership Team, but it implies that the SENCO should be. It states that SENCOs ‘will be most effective in that role if they are part of the school leadership team.’ 

Whole School SEND (WSS) have written a useful guide on the effective deployment of SENCos. This is for both SENCOs and their line managers. To read the guide, visit the WSS website [External Link].

Key Guidance: The SEND Code of Practice: 0-25 years (2014, updated 2015)

The SEND Code of Practice provides statutory guidance about Part 3 of the Children and Families Act 2014 and the SEND Regulations. It applies to all maintained settings, academies and free schools in England. You can read the SEND Code of Practice here [External Link].

• It provides a guide to the legislation that enables you to understand the assessment and identification of need. It also explains the procedures that should be in place to enable young people to reach their full potential and be included in their setting.

• It identifies all teachers as teachers of learners with SEND. All teachers and practitioners are responsible for the progress of the young people with SEND. This means that it is not just the SENCO who is accountable. However, the SENCO has an important role to play in this.

• The SENCO for a setting must be a qualified teacher. This is the responsibility of governing bodies and proprietors and includes free schools.

SENCO Qualifications

SENCOs need to achieve the National Award for Special Educational Needs Coordination. If appointed after 1st September 2008 and have not been a SENCO for a total period of 12 months, this has to be obtained within three years of appointment. The SENCO is responsible for the daily operation of SEND in a setting. This includes young people with ECH Plans.

The Equality Act (2010)

The Equality Act 2010 brought together a range of previous acts. These include

• the Sex Discrimination Act 1975

• the Race Relations Act 1976

• the Disability Discrimination Act 1995

• the Equality Act (Sexual Orientation) Regulations 2007

Learn more about the Equality Act 2010 here [External Link].

The Equality Act (2010) – Key principles

• Schools/settings have a responsibility not to discriminate

• Provision for disabled pupils is closely connected with that for children and young people with SEN

• Schools are allowed to treat disabled pupils more favourably than non-disabled pupils, and in some cases are required to do so. This is by making reasonable adjustments to put them on a more level footing with pupils without disabilities.

• Direct discrimination or failure to make a reasonable adjustment for a disabled person cannot be defended as justified.

Under this act, the term ‘schools’ applies to: 

• local-authority-maintained schools

• academies and free schools

• local authorities

• non-maintained special schools 

• independent schools

The principles are underpinned by legal duties placed on public bodies including schools.

The Equality Act (2010): Duties for schools and further education settings

This legislation outlines particular duties for schools. These include:

• to publish information to demonstrate how they are complying with the Public Sector Equality Duty

• to prepare and publish equality objectives

It is up to schools to decide how they publish the information. However it must be accessible to members of the school community and the public who want to see it. The Act suggests an ‘equalities page’ on the school website.

Settings should prepare and implement accessibility plans. This is the responsibility of the leadership team of the setting but the SENCO will make a contribution.

Where something that a school does places a pupil with a disability at a disadvantage compared to other pupils then the school must take reasonable steps to try and avoid that disadvantage. The SENCO will have a role in ensuring that this is enacted.

Schools will be expected to provide an auxiliary aid or service for a pupil with a disability when it would be reasonable to do so. The SENCO may find that they are involved in liaising with suppliers or specialists to ensure that this happens.

Additional Legislation:

The United Nations Convention on the Rights of the Child (1989)

The UK ratified the United Nations Convention on the Rights of the Child (UNCRC) in 1991. Visit the UNICEF website to learn more [External Link]. Aspects of the convention are particularly relevant for children and young people with SEND. These are important to consider when ensuring that you are consulting children, young people and their families in an authentic and meaningful way. 

Working Together To Safeguard Children (2018)

There are some important areas of this legislation which link to the SENCO role.

anyone working with children and young people should:

• see and speak to the child; listen to what they say

• take their views seriously

• work with them and their families when deciding how to support their needs.

Special provision should be put in place to support dialogue with young people who have communication difficulties

As well as this:

• practitioners should be alert to the potential need for early help for a child who is disabled and has specific additional needs or who has special educational needs. This is regardless of if they have an Education, Health and Care Plan.

• this legislation identifies the SENCO as someone who may undertake the Lead Practitioner role in an Early Help case

Visit the Government website for information on the 2018 legislation [External Link].